Benyamini v. Swett et al

Filing 77

ORDER signed by District Judge Kimberly J. Mueller on 04/21/16 ORDERING that 71 , 73 Requests for Reconsideration are DENIED. (Benson, A)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ROBERT BENYAMINI, 11 12 13 14 No. 2:13-cv-0735-KJM-EFB P Plaintiff, v. ORDER M. SWETT, et al., Defendants. 15 16 On December 4, 2015, the Magistrate Judge issued an order granting plaintiff additional 17 time to oppose defendants’ motion to compel and vacating the dispositive motion deadline. ECF 18 No. 70. Plaintiff filed and served “Objections” to that order on December 24, 2015. ECF No. 71 19 at 8. He then moved to amend the caption on his objections to read, “Motion for Reconsideration 20 of Your Magistrate Judge’s Order . . . .” ECF No. 73. 21 Local Rule 303(b), states “rulings by Magistrate Judges . . . shall be final if no 22 reconsideration thereof is sought from the Court within fourteen days . . . from the date of service 23 of the ruling on the parties.” Id. Plaintiff’s requests for reconsideration of the magistrate judge’s 24 order of December 4, 2015 are therefore untimely. 25 Accordingly, IT IS HEREBY ORDERED that plaintiff’s requests for reconsideration 26 (ECF Nos. 71, 73) are denied. 27 DATED: April 21, 2016. 28 UNITED STATES DISTRICT JUDGE 1

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